Former Trump campaign chairman Paul Manafort, who along with associate Rick Gates has been indicted on 12 charges that include conspiracy against the United States and conspiracy to launder money, filed a civil lawsuit on Wednesday against Special Counsel Robert Mueller, Deputy Attorney General Rod Rosenstein, and the United States Department of Justice.
Manafort's suit alleges Rosenstein's official appointment order gives Mueller too much leeway. According to the order, Mueller is allowed to investigate the following:
NYT:
The charges against Mr. Manafort date back years, well before he began working for Mr. Trump. His lawyers argue those charges exceed Mr. Mueller’s jurisdiction because he was authorized only to investigate separate matters if they arose from the Russia investigation.
“The investigation of Mr. Manafort is completely unmoored from the Special Counsel’s original jurisdiction to investigate ‘any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,’” according to the lawsuit, which was filed in federal court on Wednesday.
Legal experts tell Business Insider Manafort's suit is an odd development.
Former federal prosecutor Renato Mariotti wrote Wednesday that it was "an extremely unusual move" for Manafort to file the suit. "If an indictment can be challenged legally, typically the defendant files a motion to dismiss the indictment as part of the criminal case."
Mariotti added that the case "has almost no chance of success," and that even if it succeeded, "another federal prosecutor could indict Manafort for the same crimes, so it's a pointless suit."
Patrick Cotter, a former federal prosecutor and longtime white collar defense attorney, agreed: "Attempts to argue that federal prosecutors somehow lack authority to charge federal crimes for which a grand jury found probable cause are rare and I can’t recall any such motion succeeding.
This seems like a PR move made to continue the 'Mueller is somehow illegitimate (so pay no attention to any evidence of crimes he finds)' strategy," Cotter said. "I do not think it is a serious legal motion."
Trump ex-campaign chair Manafort sues Mueller, Rosenstein, and Department of Justice (CNBC)
Paul Manafort sues special counsel who indicted him for fraud and money laundering (LA Times)
Paul Manafort Sues Mueller and Asks a Judge to Narrow the Russia Investigation (NYT)
Paul Manafort is suing Robert Mueller and the Department of Justice (Business Insider)